M. KARUNANIDHI versus UNION OF INDIA

M. KARUNANIDHI versus UNION OF INDIA

There is no irreconcilable inconsistency or repugnancy between the Tamil Nadu Public Men (Criminal Misconduct) Act, 1973 and the Central Acts cited; the State Act is complementary and explicitly intended to be additional, not derogatory. A Chief Minister is a public servant in terms of Section 21(12) of the IPC, and...

Source-derived case information.

Parties
Appellant: M. Karunanidhi; Respondent: Union of India
Jurisdiction
India
Judgment Date
20 February 1979
Procedural Posture
Criminal Appeal / Appeal From High Court Decision Rejecting Application for Discharge and Quashing of Proceedings
Outcome
Appeal dismissed
Legal Topics
Repugnancy Between Central and State Laws, Definition of Public Servant, Legislative Powers Under the Constitution, Status of Minister/chief Minister, Interpretation of S. 21(12) IPC
Constitutional Law Criminal Law Statutory Interpretation Administrative Law Repugnancy Between Central and State Laws Definition of Public Servant Legislative Powers Under the Constitution Status of Minister/chief Minister +1 more

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Parties

M. Karunanidhi

Appellant

Union of India

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision Rejecting Application for Discharge and Quashing of Proceedings

Legal Issues

  1. 1 Whether the Tamil Nadu Public Men (Criminal Misconduct) Act, 1973 is repugnant to the Code of Criminal Procedure 1898, Prevention of Corruption Act 1947 & Criminal Law (Amendment) Act, 1952 under Article 254 of the Constitution of India
  2. 2 Whether the Chief Minister is a 'public servant' within Section 21(12) of the Indian Penal Code
  3. 3 Whether the provisions of State and Central Acts collide so as to invalidate prosecution

Ratio Decidendi

There is no irreconcilable inconsistency or repugnancy between the Tamil Nadu Public Men (Criminal Misconduct) Act, 1973 and the Central Acts cited; the State Act is complementary and explicitly intended to be additional, not derogatory. A Chief Minister is a public servant in terms of Section 21(12) of the IPC, and the prosecution under the Central Acts is maintainable.

Court Disposition

Appeal dismissed

Orders

  • Case before the Special Judge will now proceed to its ultimate end according to law.